$15 000 fine for road death

“The deceased lost his life tragically in a car accident because the accused did not drive in a safe manner in relation to the conditions of the road,” said Justice Laurie-Ann Smith-Bovell.

“The court has a duty to balance the rights of the accused and the rights of the victim. Their rights are equally important and should be given consideration in the sentencing process,” she said.

The judge was speaking as she fined Rachid Hayden Kadeem Phillips $15 000 for causing the death of a passenger in his car eight years ago.

Phillips of Dash Valley, St George, was in the No. 4 Supreme Court where he pleaded guilty to causing the death of Shane Belle, on August 12, 2017, by driving his car on Dash Valley Road, in a manner dangerous to the public.

He was represented by attorney Martie Garnes, while State Counsel Paul Prescod appeared for the State.

The judge ordered Phillips to pay $7 000 of the fine immediately and the remainder by October 30, this year, or Phillips will face 246 days in prison.

She said the court considered that a life had been lost and that Phillips was driving without insurance, as the insurance company had cancelled the policy.

The judge said she had also considered that Phillips failed to consider the conditions of the road. She said she had also considered that a second passenger, as well as Phillips himself were also injured in the accident.

“It is to be noted that the lack of speeding is not a mitigating factor for the offence of causing death by dangerous driving,” Justice Smith-Bovell said.

The judge continued she had considered all the aggravating and mitigating factors relating to the offence and the offender and had determined that three years was an appropriate starting point for her sentence.

Time deducted

She then deducted a year for the mitigating features and one-third for the guilty plea.

In addition, the judge deducted one year for the delay in the matter.

However, she said that while the threshold for a custodial sentence had been crossed, a custodial sentence was not the only sentence that could do justice to the case.

“This was not a case where [Phillips] was speeding. This was simply a case where he failed to appreciate the conditions of the road at the time,” she said.

The court had heard that it was around 2 a.m. when Phillips, Belle and another man left the Glebe playing field in Phillips’ car.

He drove along Dash Valley Road to the roundabout at Constant and then onto a stretch of the road where it curved slightly to the right.

He failed to negotiate the curve in the road and the vehicle served to the right. He lost control of the vehicle which continued across the road, entered a grassy areas and struck a well casing. It then flipped and landed on its roof with the front in the road.

Phillips suffered head injuries and facial lacerations, while his front seat passenger suffered fractured bones, multiple abrasions and blunt trauma. Both were able to get out the vehicle.

Belle, who was in the rear, had to be cut out by the Barbados Fire Service and succumbed to his injuries.

A post-mortem found he had suffered multiple rib fractures and diaphragmatic injuries.

Phillips later told police he was driving and when he got to Dash Valley there was some water in the road and he lost control of the vehicle. (HLE)